A/HRC/27/70
issues related to the appointment, transfer and promotion of judges. The Supreme Council
also receives complaints and takes disciplinary actions against judges. The executive should
have no role to play in such matters. In addition, the Special Rapporteur had previously
recommended that judges and prosecutors should not be active members of a political party
(A/HRC/15/46, para. 67) and had hoped that the law on the status of judges and prosecutors
would spell out a requirement to that effect much more explicitly.
38.
The Special Rapporteur is most concerned that the Law on the Status of Judges and
Prosecutors will ultimately inhibit the ability of the justice sector to reform from within by
requiring prior approval from the Supreme Council of Magistracy before a judge or a
prosecutor can publicly express himself or herself on issues related to their work. While
judges and prosecutors should clearly not comment on the cases before them, they should
not be prevented from contributing to debates on matters of public interest relating to the
law, the administration of justice and the judiciary.
39.
The Special Rapporteur, however, also acknowledges some positive advances in the
three laws. He recognizes the value of establishing regional appeals courts and of the
inclusion of a higher proportion of elected judges and prosecutors to serve on a full-time
basis on the Supreme Council of the Magistracy than is the case at present. Recalling that
two of the three laws were envisaged in the 1993 Constitution, he welcomes their longoverdue adoption, despite the flaws outlined above. Setting out in binding law the
requirements for the organization of courts, the status of judges and prosecutors, as well as
the composition and operation of the Supreme Council of the Magistracy, the laws will
serve to fill an important legal void.
40.
The performance of the judiciary in practice demonstrates that there is a long way to
go. In the case of the seven CNRP Members of Parliament elect and one supporter who
were arrested in relation to the incident of 15 July 2014, the lack of material evidence
needed for their arrests on very serious charges and their speedy release on the evening of
the successful negotiations between the two parties on 22 July clearly reveal the extent to
which the judiciary continues to be influenced by the executive. This experience
demonstrates the urgency of the task of implementing and improving the three laws so that
the judiciary will finally be able to serve its intended purpose: to render justice in an
independent and impartial manner.
D.
Reform of Parliament
41.
In his 2011 report to the eighteenth session of the Human Rights Council
(A/HRC/18/46), the Special Rapporteur outlined a series of measures relating to the
Parliament that he considered critical for the process of democratization in the country.
Many of them concerned specific matters that directly impact on the ability of the
Parliament to function properly, to enact laws that promote and protect human rights, to be
accessible to its diverse constituency and to be a model for society in promoting a culture of
constructive criticism and popular participation. The Special Rapporteur is of the view that
speedy parliamentary reform is also essential to enable the opposition to formally play a
meaningful role as an opposition in Parliament. He looks forward to seeing a specific
reform plan agreed upon by the two parties being made public as soon as possible.
42.
The Special Rapporteur reiterated his main recommendations for parliamentary
reform during his mission in June 2014 and called upon Parliament to henceforth be more
transparent and open to consultations as part of its work. Specifically, he called on the
parliamentary commissions to assume their roles in reviewing the compliance of domestic
laws with international standards and regularly review government regulations and
practices against the original laws to which they were intended to give effect.
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